Eugene, Oregon – May 17, 2021. On May 14, 2021, the law firm of Friedman, Suder & Cooke in Fort Worth, Texas obtained a unanimous jury verdict in Eugene, Oregon Federal Court against Avery Dennison Corp. (AVY: NYSE) for patent infringement of US Patent number 9,798,967. The jury found that Avery Dennison infringed the ‘967 Patent, both literally and under the doctrine of equivalents, and awarded $26,641,876.75 in damages for past infringement through March of 2021 based on the specified royalty rate found by the jury. Future damages, including possible enhancement, are expected through the life of the patent which expires in 2026.
The invention of the ‘967 patent claimed a novel design for RFID transponders (“RFID Tags”) to ensure uniqueness by improving the functionality of the binary data structure within the RFID Tag. The inventor of the ‘967 Patent, Clarke McAllister, graduated from Purdue with a degree in Electrical Engineering and has spent his decades-long career focused on invention and productization relating to RFID technology. Mr. McAllister is the inventor on 18 patents, many of which have been assigned to his company, ADASA Inc. ADASA has been in the RFID business since 2004 and previously manufactured and sold portable RFID scanners and printers. Currently ADASA is focusing on implementing RFID in conjunction with robotics and drones.
Lead counsel for ADASA, Jonathan Suder, argued that the case was about respect, which the jury verdict validated. “Clarke McAllister is a true inventor. He trusted the patent system and it has been a long and difficult road to receive the recognition for his contribution to RFID. Our constitution is designed to promote and protect inventors and their inventions. Clarke tried to meet with representatives of Avery Dennison in 2013 but they were dismissive of him and his invention and told him to leave their customers alone. As Clarke found ever increasing use of his invention by others, he had no choice but to file this lawsuit. This verdict, from the District of Oregon, shows that all inventors must be respected, no matter how big or small they are.”
“Clarke is the epitome of the type of inventor that our patent system is designed to protect,” Glenn Orman, Suder’s law partner on the case said. “Sometimes it is not easy for an individual inventor to stand up to a company using his or her invention. We are proud to represent Mr. McAllister and are very happy that the jury recognized the significant contributions he made to his industry.”
The case was tried before The Honorable Judge Mustafa T. Kasubhai and styled ADASA Inc. v. Avery Dennison Corporation, Case Number 6:17-cv-01685-MK. Avery Dennison was represented by K&L Gates.
With Suder and Orman for Friedman, Suder & Cooke was Richard Wojcio, Jr., as well as Alan Thayer of Innovative Law Group in Eugene, Oregon.